Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-05-25
Randall &c Chambers GO.

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ton of the public lands of the state, or oil
/ the lands belonging TO any particular
fund specified in this act, without having
/ first obtained lease CT such lands in SC
cordaICe with the provisions of this act
ANY person, whether owner of stock
/ m2nsger, agent, employee or servant, who
/ snail fence, use, occupy or appropriate
! by berding or Iine-riding, any portion OF
such lands without g lease thereof, snail
/ be deemed guilty Of g mi5demeanor,
and shall, upon conviction, be fined
not less than 500 nor more than $1,000,
and in addition thereto, Shall be
imprisoned ia the county Jail for g period
I Of not less than three months nor more
/ than TWO years. Each day Of such feuC-
| ing, CT appropriation by herdIng or line
riding. shall be deemed separate OF .nse,
and any person so offending may be pros
eCuted by iGdiCtmeE1 and Information,
| in the proper court of the county where
any portion of the lsnd lies, or 10 which
il may be attached for judicial purposes,
/ or in the county of Travis, AID iurisdic-
ton q suCn offences is hereby vested
in said courts. And in case any in
dictmsnt or information is preferred
or filed against NONRESIDENT Of this
STATE for violation of this section, il
shall be the duty of the government to
demand the eXtradition Of the defendant
from the proper officers Of any state or
territory where he may be found III order
that he may be brought to trial. "Fenc-
ing" within the meaning of this act, is
the erection OF any structure of wood,
wire, or both, or any other material
intended to prevent the passage of
cattle, horses, mules, asses, sheep, goats
or hogs, whether the same shall inclUse
lands on all sides or be erected on
one or more sides. Any aporOpriat on OF
land belonging to auy particular fund
specified in this act, or of the public lands
of this state, without first having obtain
ed lease thereof, by fencing of any kind
or by Enclosure consisting partly of fenc
ing and partly Of natural obstacles or
impediments to the passage of live stock,
shall be deemed an unlawful appropria-
ton, punishable as provided in this sec
ton for appTopriatipg such lands, and
each day such land is so appropriated
shall be deemed separate offence.
Sec. 10. The provisions of this act, as
set forth in the preceding section, shall
HUI upply W DGASOuS WIZ orc lilONluR, Vi
gathering, or holding for shipment, any
stock mentioned in said article; provided,
the said persons have not erected any
fence on said lands, or continue on said
land longer tnan one week.
Sec. 20 All Enclosures of or fences upon
any portion of the public lands, or the
lands belonging to the common school,
asylums or university funds, without
lawful authority, shall be removed within
sixty days from the time this act shah
take effect. If the Governor Is informed
at any time, upon the affidavit of some
credible person, that sny portion of the
public lands, or lands belonging to the
common school, asylums or university
funds, have been inClosed or that fences
haVe been erected thereon without au-
thcrlty of law, he is authorized, in his
discretion, to direct the Attorney Gen
eral to institute suit in the name Of the
state for the recovery of such land and
damages for the use and occupation of
such land, and the removal of such in.
closures and fences. Such suit may oe
instituted in the District court Of any
county where the lana or portion there
of is situated, or in the District
court OF Travis county; and upon
of the Attorney General, and
without affidavit or bond, the clerk of the
court IN which suit is instituted shall
issue writ Of sequestTatiOn, directed to
any shelf of the state of Texas, COM
handing and requiring such officer 10
take such land and all property thereon
into his actual custody, and the same
hold subject 10 the further orders
of the court. Such writ of seques-
tration may be executed by any
sheriff of the state into whose hands it
may be delivered, and it shall be the
duty OF any sheriff into whose hands it
may come, to proceed and execute such
writ, and the Governor is required, in his
to furnish such sheriff with
the necessary force Of volunteer militia,
or other military force of the state to
accomplish the purpose of the writ and to
execute the process of the court. The de-
fendant in such writ may repleVy, as in
ordinary cases, by giving bond as pre-
seri5ed by law, and sucn cases shall have
precedence on the docket, and stand for
trial before ali other causes: and in case
Judgment is recovered by the state in
such suit, the court shall order such in /
closures or fences to be removed, and /
shall tax the costs OF suit, including the
cost Of the military force, if any, against
the defendant; and all the property found |,
upon the land belonging TO the defendant /
shsll be liable for such costs and dam |
ages, in addition to the personal liability |
Jf the defendant. appeals msy be pros !
scuted from all judgments in such cases, !
IS in ordinary cases, except that the state |
shall not be required TO give bond to |
perfect its appeal, and such cases on ap- |
peal shall have precedence over al other !
cases.
Sec. 81. It shall be unlawful for any !
person or corporation who may have used |
any of the lands by joining fences or otn- |
srwise, to build or maintain more than |
three miles lineal measure of fencez1un-l
hing in the same general direction, With
put gateway in same, which g4fewsyl
must be at least ten feet wide and shaH
not be locked or kept closed so as to OBJ
street free ingress and egress; provided,